Gas Management Agreement for Purchase and Delivery of Natural Gas 1. This Agreement is made and entered this ____ day of August, 2000, to be effective on the Wentworth ethanol plant site start-up assumed to be mid-year 2001, by and between NorthWestem...Management Agreement • August 2nd, 2001 • Lake Area Ethanol Inc
AGREEMENTLicensing Agreement • August 2nd, 2001 • Lake Area Ethanol Inc • South Dakota
CONSTRUCTION LOAN AGREEMENT This Construction Loan AGREEMENT (the "AGREEMENT") is dated as of the 25th day of September, 2000, and is by and between DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company ("BORROWER") and FIRST NATIONAL BANK...Construction Loan Agreement • August 2nd, 2001 • Lake Area Ethanol Inc • Nebraska
DEFINITIONSManagement Agreement • August 2nd, 2001 • Lake Area Ethanol Inc • South Dakota
AMENDED AND RESTATED OPERATING AGREEMENT OF LAKE AREA CORN PROCESSORS, LLCOperating Agreement • March 31st, 2005 • Lake Area Corn Processors LLC • Industrial organic chemicals • South Dakota
This Amended and Restated Operating Agreement of Lake Area Corn Processors, LLC, is hereby adopted and entered into as of the 17th day of February, 2005, for good and valuable consideration, by the Company (as defined below) and the Members (as defined below). This Amended and Restated Operating Agreement amends and restates in its entirety that certain Amended and Restated Operating Agreement dated December 14, 2004 by and among the Company and the Members.
CORN OIL MARKETING AGREEMENTCorn Oil Marketing Agreement • August 12th, 2009 • Lake Area Corn Processors LLC • Industrial organic chemicals • Minnesota
THIS CORN OIL MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 11 day of August, 2009 (the “Effective Date”) by and between RPMG, INC., a Minnesota corporation (“RPMG”) and Dakota Ethanol, LLC, a South Dakota company (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.
MEMBER AMENDED AND RESTATED ETHANOL MARKETING AGREEMENTEthanol Marketing Agreement • November 13th, 2012 • Lake Area Corn Processors LLC • Industrial organic chemicals • Minnesota
THIS AGREEMENT, entered into as of this 27th day of August, 2012, and effective as of October 1, 2012 ("Effective Date") by and between RPMG, Inc., a Minnesota corporation ("RPMG"); and Dakota Ethanol, LLC, a South Dakota Corporation ("Member").
DEFINITIONSCorn Price Risk Management Agreement • August 2nd, 2001 • Lake Area Ethanol Inc • South Dakota
AGREEMENTEthanol Marketing Contract • August 2nd, 2001 • Lake Area Ethanol Inc
SECOND AMENDED AND RESTATED PROMISSORY NOTE (Long Term Reducing Revolver)Lake Area Corn Processors LLC • May 14th, 2012 • Industrial organic chemicals • South Dakota
This Note is executed pursuant to and is governed by that certain First Amended and Restated Construction Loan Agreement (as amended, the "AGREEMENT") between BORROWER and BANK dated as of June 18, 2009, as it may have been and may be amended, from time to time, including by that certain Third Amendment of First Amended and Restated Construction Loan Agreement of even date with this Note. This Note evidences the LONG TERM REDUCING REVOLVING LOAN described in the AGREEMENT. This Note amends and restates that certain First Amended and Restated Promissory Note (Long Term Reducing Revolver) dated May 12, 2011, but is not a novation thereof. All capitalized terms not otherwise defined in this Note shall have the meanings provided in the AGREEMENT.
FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • March 5th, 2020 • Lake Area Corn Processors LLC • Industrial organic chemicals
This First Amendment to Amended and Restated Credit Agreement (“Amendment”) is made and entered into effective the 14th day of December, 2018, by and between Dakota Ethanol, L.L.C., a South Dakota limited liability company (hereinafter referred to as “Borrower”) and Farm Credit Services of America, PCA and Farm Credit Services of America, FLCA (each and collectively “Lender”) to amend and modify the Amended and Restated Credit Agreement dated February 2, 2018 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
THIRD AMENDMENT TO THE THIRD AMENDED AND RESTATED OPERATING AGREEMENT OF LAKE AREA CORN PROCESSORS, LLCOperating Agreement • May 11th, 2018 • Lake Area Corn Processors LLC • Industrial organic chemicals
This Third Amendment to the Lake Area Corn Processors, LLC (the “Company”) Third Amended and Restated Operating Agreement (the “Operating Agreement”) is made and entered into effective as of the 9th day of January, 2018 (the “Effective Date”), pursuant to Section 14.11 of the Operating Agreement, which requires approval of amendments by a Super Majority Vote (as defined in the Operating Agreement) of the Board of Managers. This Third Amendment to the Operating Agreement amends the Operating Agreement as follows:
EXHIBIT 10.9 WATER PURCHASE AGREEMENT THIS AGREEMENT made and entered into this 2nd day of June, 2000, by and between Big Sioux Community Water System, Inc., a South Dakota corporation, of Rural Route, Egan, South Dakota, hereinafter referred to as...Water Purchase Agreement • August 2nd, 2001 • Lake Area Ethanol Inc • South Dakota
THIRD AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • May 14th, 2012 • Lake Area Corn Processors LLC • Industrial organic chemicals
THIS THIRD AMENDMENT OF FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT ("Amendment") is entered into and effective as of the 1st day of May, 2012 between DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company ("Borrower") and FIRST NATIONAL BANK OF OMAHA ("Lender"), and amends that certain First Amended and Restated Construction Loan Agreement dated June 18, 2009 between Borrower and Lender (as amended, the "Loan Agreement").
FIFTH AMENDMENT TO CREDIT AGREEMENTCredit Agreement • August 11th, 2017 • Lake Area Corn Processors LLC • Industrial organic chemicals
This Fifth Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 1st day of August, 2017, by and between Dakota Ethanol, L.L.C., a South Dakota limited liability company (hereinafter referred to as “Borrower”) and Farm Credit Services of America, FLCA and Farm Credit Services of America, PCA, (collectively “Lender”) to amend and modify the Credit Agreement dated May 15, 2013 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
CONTRIBUTION AGREEMENTContribution Agreement • August 14th, 2007 • Lake Area Corn Processors LLC • Industrial organic chemicals • Minnesota
THIS AGREEMENT, made and entered into this 1st day of April, 2007, by and between RENEWABLE PRODUCTS MARKETING GROUP, LLC (“RPMG”), and DAKOTA ETHANOL L.L.C..
Farm Credit Services of America FIRST AMENDMENT TO CREDIT AGREEMENTCredit Agreement • February 27th, 2014 • Lake Area Corn Processors LLC • Industrial organic chemicals
This First Amendment to Credit Agreement ("Amendment") is made and entered into effective the 20th day of November, 2013, by and between Farm Credit Services of America, PCA and Farm Credit Services of America, FLCA (collectively "Lender") and Dakota Ethanol, L.L.C., a South Dakota limited liability company ("Borrower) to amend and modify the Credit Agreement dated May 15, 2013 (hereinafter referred to as the "Credit Agreement"). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
CREDIT AGREEMENTCredit Agreement • August 13th, 2013 • Lake Area Corn Processors LLC • Industrial organic chemicals • Nebraska
This Credit Agreement ("Agreement") dated as of 15th day of May, 2013 by and between Farm Credit Services of America, PCA and Farm Credit Services of America, FLCA (collectively "Lender") and Dakota Ethanol, L.L.C., a South Dakota limited liability company ("Borrower"), in consideration of credit extended by Lender under the terms and conditions set forth below, the parties hereto agree as follows:
ETHANOL MARKETING CONTRACT TERMINATIONEthanol Marketing Contract Termination • November 14th, 2005 • Lake Area Corn Processors LLC • Industrial organic chemicals • South Dakota
THIS ETHANOL MARKETING CONTRACT TERMINATION (the “Ethanol Marketing Contract Termination”) is made and entered into this 4th day of November, 2005 by and between Ethanol Products, LLC, a South Dakota limited liability company (“Ethanol Products”) and Dakota Ethanol, L.L.C., a South Dakota limited liability company (“Dakota Ethanol”).
DDGS MARKETING CONTRACT TERMINATIONDDGS Marketing Contract Termination • November 14th, 2005 • Lake Area Corn Processors LLC • Industrial organic chemicals • South Dakota
THIS DDGS MARKETING CONTRACT TERMINATION (the “DDGS Marketing Contract Termination”) is made and entered into this 4th day of November, 2005 by and between Broin Enterprises, Inc., a South Dakota corporation, doing business as Dakota Commodities (“Dakota Commodities”), and Dakota Ethanol, L.L.C., a South Dakota limited liability company (“Dakota Ethanol”).
DISTILLERS GRAINS MARKETING AGREEMENTDistillers Grains Marketing Agreement • August 14th, 2008 • Lake Area Corn Processors LLC • Industrial organic chemicals • Minnesota
THIS DISTILLERS GRAINS MARKETING AGREEMENT (the “Agreement”) is made and entered into as of the 15th day of July, 2008 (the “Effective Date”) by and between RPMG, INC., a Minnesota corporation (“RPMG”) and Dakota Ethanol, LLC, a South Dakota corporation (“Producer”), collectively referred to hereinafter as “Parties” or individually as a “Party”.
TWELFTH AMENDMENT TO CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • January 20th, 2009 • Lake Area Corn Processors LLC • Industrial organic chemicals
This Twelfth Amendment to Construction Loan Agreement is dated as of the 12th day of January, 2009, and is by and between DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company (“BORROWER”) and FIRST NATIONAL BANK OF OMAHA (“BANK”), a national banking association established at Omaha, Nebraska.
EMPLOYMENT AGREEMENTEmployment Agreement • March 30th, 2006 • Lake Area Corn Processors LLC • Industrial organic chemicals • South Dakota
THIS AGREEMENT, dated this 17th day of October, 2005, between Dakota Ethanol, L.L.C., a South Dakota limited liability company, hereinafter called “Employer” and Scott A. Mundt, of Brookings, South Dakota, hereinafter called “Employee.”
FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • August 12th, 2009 • Lake Area Corn Processors LLC • Industrial organic chemicals • Nebraska
This FIRST AMENDED AND RESTATED CONSTRUCTION LOAN AGREEMENT (the “AGREEMENT”) is dated as of the 18th day of June, 2009, and is by and between DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company (“BORROWER”) and FIRST NATIONAL BANK OF OMAHA (“BANK”), a national banking association established at Omaha, Nebraska.
ETHANOL FUEL MARKETING AGREEMENTEthanol Fuel Marketing Agreement • December 2nd, 2005 • Lake Area Corn Processors LLC • Industrial organic chemicals • South Dakota
THIS AGREEMENT, entered into this 30th day of November, 2005, by and between RENEWABLE PRODUCTS MARKETING GROUP, L.L.C., a Minnesota limited liability company, hereinafter referred to as “RENEWABLE PRODUCTS”; and DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company, hereinafter referred to as “DAKOTA ETHANOL.”
MASTER AGREEMENTBETWEEN OWNERAND NELSON ENGINEERING, INC. C17072R1 Expansion to 90 MGY Dakota Ethanol LLC November 30, 2017Master Agreement • March 2nd, 2018 • Lake Area Corn Processors LLC • Industrial organic chemicals • South Dakota
THIS AGREEMENT is by and between Dakota Ethanol LLC (OWNER) and Nelson Engineering, Inc. (NEI) (collectively, OWNER and NEI may be referred to herein as the “Parties”).
MEMORANDUM OF UNDERSTANDINGMemorandum of Understanding • May 15th, 2003 • Lake Area Corn Processors LLC • Industrial organic chemicals
This Memorandum of Understanding is made and entered into this 1st day of April, 2003, by and between Broin Enterprises, Inc., a South Dakota corporation doing business as Dakota Commodities, having its principal office at 851 Washington, Scotland, SD 57059 (hereinafter referred to as the “Marketer”) and Dakota Ethanol, having its principal office at Wentworth, South Dakota (hereinafter referred to as “Plant”).
THIRTEENTH AMENDMENT TO CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • March 31st, 2009 • Lake Area Corn Processors LLC • Industrial organic chemicals
This Thirteenth Amendment to Construction Loan Agreement is dated as of the 31st day of March, 2009, and is by and between DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company (“BORROWER”) and FIRST NATIONAL BANK OF OMAHA (“BANK”), a national banking association established at Omaha, Nebraska.
CHICAGO FREIGHT CAR LEASING CO. LEASE OF RAILWAY COVERED HOPPER CARS WITH DAKOTA ETHANOL LLCLake Area Ethanol Inc • August 2nd, 2001
Construction Note Note Date: September 25, 2000 $26,600,000.00 Maturity Date: September 1, 2011 FOR VALUE RECEIVED, DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company ("BORROWER") promises to pay to the order of First National Bank of...Construction Note • August 2nd, 2001 • Lake Area Ethanol Inc
This promissory note is executed pursuant to a Construction Loan Agreement ("CONSTRUCTION LOAN AGREEMENT") between BORROWER and BANK dated as of September 25, 2000. All capitalized terms not otherwise defined in this note shall have the meanings provided in the CONSTRUCTION LOAN AGREEMENT.
RISK MANAGEMENT CONTRACTRisk Management Contract • December 2nd, 2005 • Lake Area Corn Processors LLC • Industrial organic chemicals • South Dakota
THIS AGREEMENT is entered into on the 28th day of November, 2005, by and among FCStone, LLC (“FCStone”), an Iowa limited liability company with its main office at 2829 Westown Parkway, West Des Monies, Iowa 50266, and Dakota Ethanol, L.L.C., a South Dakota limited liability company (Client) with its main office located at P.O. Box 100, Wentworth, South Dakota 57075,
Exhibit 10.11 [U.S. ENERGY SERVICES, INC. LETTERHEAD] April 1, 1999 Board of Directors Lake Area Corn Processors C/O Broin & Associates 25784 Cottonwood Avenue Sioux Falls, SD 57107 Dear Board of Directors: The purpose of this letter is to set forth...Lake Area Ethanol Inc • August 2nd, 2001 • South Dakota
THIRD AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENTCredit Agreement • August 14th, 2020 • Lake Area Corn Processors LLC • Industrial organic chemicals
This Third Amendment to Amended and Restated Credit Agreement (“Amendment”) is made and entered into effective the 5th day of June, 2020, by and between Dakota Ethanol, L.L.C., a South Dakota limited liability company (“Borrower”) and Farm Credit Services of America, PCA and Farm Credit Services of America, FLCA, (each and collectively “Lender”) to amend and modify the Amended and Restated Credit Agreement dated February 2, 2018 (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
FIRST AMENDMENT TO CONSTRUCTION LOAN AGREEMENTConstruction Loan Agreement • August 22nd, 2002 • Lake Area Ethanol LLC • Industrial organic chemicals • Nebraska
This First Amendment to Construction Loan Agreement is dated as of the 29th day of July, 2002, and is by and between DAKOTA ETHANOL, L.L.C., a South Dakota limited liability company (“BORROWER”) and FIRST NATIONAL BANK OF OMAHA (“BANK”), a national banking association established at Omaha, Nebraska.
THIRD AMENDMENT TO CREDIT AGREEMENTCredit Agreement • May 14th, 2015 • Lake Area Corn Processors LLC • Industrial organic chemicals
This Third Amendment to Credit Agreement (“Amendment”) is made and entered into effective the 4th day of May, 2015, by and between Farm Credit Services of America, PCA and Farm Credit Services of America, FLCA (collectively “Lender”) and Dakota Ethanol, L.L.C., a South Dakota limited liability company (“Borrower”) to amend and modify the Credit Agreement dated May 15, 2013, as amended (hereinafter referred to as the “Credit Agreement”). The Credit Agreement and underlying Loan Documents are modified only to the extent necessary to give effect to the terms of this Amendment, and the remaining terms of said Loan Documents, not otherwise inconsistent herewith, are ratified by the parties. Capitalized terms used but not otherwise defined herein have the respective meanings given to them in the Credit Agreement.
